Harmed or shortchanged by a defective product? Our California attorneys pursue products liability and breach of express and implied warranty claims.
When a defective product fails — or causes harm — California law gives consumers powerful remedies through products liability and breach of warranty claims. We help you hold manufacturers and sellers accountable.
A defective product can fail to work, lose its value, or cause injury. California law addresses these harms through two overlapping avenues. Products liability holds manufacturers and sellers responsible for products that are defectively designed, manufactured, or labeled. Breach of warranty claims enforce the express promises and implied guarantees that come with a sale.
Often these claims overlap with the Song-Beverly Act and the lemon law. We evaluate every available theory of recovery to pursue the strongest possible claim — whether you need a refund, a replacement, or compensation for harm caused by the product.
Products liability focuses on whether a product was defective in design, manufacturing, or warnings, and can apply even without a direct contract. Breach of warranty focuses on the promises — express or implied — that came with the sale. Many cases involve both.
An express warranty is a specific promise the seller makes about a product. An implied warranty is a guarantee created by law, such as that the product is fit for its ordinary purpose, even if nothing was written down.
Yes. You do not need a physical injury to bring a breach of warranty claim. If a defective product failed to perform as promised, you may be entitled to a refund, replacement, or damages.
For vehicles, products liability and warranty claims frequently overlap with the Song-Beverly Act and California’s lemon law. We coordinate these theories to maximize your recovery.
Products liability is the area of law that holds manufacturers and sellers responsible for placing defective or unreasonably dangerous products into the hands of consumers.
Product defects generally fall into three categories: design defects, manufacturing defects, and warning or instruction defects. The type of defect shapes how a claim is proven.
A warranty claim is based on a broken promise about a product’s quality or performance. A products liability claim is based on a defective or dangerous product, and often focuses on injury or damage it caused.
Yes. Warranty law allows recovery when a product fails to perform as promised, even without a physical injury. Products liability, by contrast, typically involves harm caused by a defect.
Recovery can include repair, replacement, or refund under warranty law, and compensation for damages caused by a defective product under products liability, potentially including attorney fees where the statute provides.
Deadlines vary by claim type — warranty claims in California generally allow four years, while injury-based claims follow different limitations periods. It is best to confirm early.
Depending on the facts, manufacturers, distributors, and retailers in the chain of distribution may be responsible. An attorney can identify the proper parties for your claim.
Keeping the product, or at least documenting it thoroughly with photos and records, strengthens a claim. If the product has been discarded, a claim may still be possible depending on the other available evidence.
From our offices in Orange County, Costa Mesa, the Bay Area, and the Inland Empire, The Hashemi Law Firm represents clients throughout California, including:
Get a no-fee, no-obligation case evaluation today.